WPIC 49A.04.01 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct—Second ...
11 WAPRAC WPIC 49A.04.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 49A.04.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VII. Sex Crimes
WPIC CHAPTER 49A. Sexual Depictions Of Minors
WPIC 49A.04.01 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct—Second Degree—Definition
A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly possesses visual or printed matter depicting a minor engaged in actual or simulated sexually explicit conduct of either of the following types:
[[Depiction of [the genitals or unclothed pubic or rectal areas of any minor] [or] [the unclothed breast of a female minor] for the purpose of sexual stimulation of the viewer] [, whether or not the minor knows that he or she is participating in the described conduct [or any aspect of it]]] [or]
[Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer].
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense to the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use bracketed material as applicable. For directions on the various ways to use the bracketed phrases, see WPIC 4.20 (Introduction).
Use this instruction with WPIC 47.09 (Minor—Definition) and WPIC 49A.10 (Visual or Printed Matter—Definition). If the court has determined that knowledge of the minority of the person depicted is an element of the offense, then also use WPIC 10.02 (Knowledge—Knowingly—Definition).
COMMENT
RCW 9.68A.070(2)(a) (possession of depictions); RCW 9.68A.011(4)(f) and (g) (sexually explicit conduct).
RCW 9.68A.070(2)(a) was amended in 2019 to exclude minors who intentionally view over the internet visual or printed matter depicting a minor 13 years of age or older engaged in sexually explicit conduct. It also excluded a person under 13 years of age who intentionally views over the internet visual or printed matter depicting himself or herself engaged in sexually explicit conduct. 9.68A.070(2)(a), (5), (6). Should a situation arise where these amendments apply, an appropriate revision of this instruction will need to be drafted.
[Current as of March 2020.]
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